Monday, March 28, 2011

The Death Penalty. the name of Allah, the Beneficent, the Merciful.

I greet you all my brothers and sisters of my muslim relatives with the Islamic greeting of peace. Assalamualaikum wbt.

Alright. In this entry I would like to argue and discuss about the death penalty not about the United Nations. Why I put that picture ? Well, read for further, then you will know.

"Why do you want to talk about this?"

Well, obviously it is one of our current issue right now. In facts, it is considered as one of the most hot topic which is being brought into an arena of debate. A world debate. Since 18th of December 2007, the United Nation actually was already proposed a resolution 62/149. This moratorium is regards with the abolishment of the use of the death penalty. Yup, they are trying to abolish the term of the 'death penalty' from any of the dictionaries of punishment. Actually I already post an entry which is pertaining to this entry entitled resolution 62/149 on 16th of November 2010. Click to that link for a further information about this resolution.

"Reason(s) of abolishment?"

They stand by their argument put forward by saying that the death punishment is correlated with our human rights. They used the term of 'violations of human right'.

Note: I'm afraid some of you will get confuse with the word 'they'. Here I am referring 'they' to the United Nations.

In Article 3 of Universal Declaration of Human Rights provides that everyone has the right to life, liberty and security of person. I bold the world 'right to life'.

Yes, they stand their argument with this article. They considering that the used of the death penalty undermines human dignity, and convinced that their resolution will lead to the enhancement and progressive development of human rights. At the same time they said that there is no conclusive evidence of the deterrent value of this penalty and that any miscarriage or failure of justice in the implementation of the death penalty is irreversible and irreparable.

Last year, in 2010 we could see Mongolia declared this moratorium and Gabon became the 16th African Union member country to abolish this kind of practice. Notice the words 'irreversible and irreparable' in the above paragraph? Well, they are trying to demonstrate these words with this video.

Enough said from their sides of arguments, and this is what I'm afraid of. I'm afraid if Malaysia also put the same action as what the Mongolia and Gabon did.

"Why ?"

First and foremost, i made my stand by saying that I am totally opposed this resolution because of the word " is free of the death penalty.." in which it is quoted by Shetty.

"Critically, define this sentence"

Simple, no more death penalty. Not even for a murders, rapes, terrorisms and etc. You name it, and it's mean, no death penalty at all. Now I would like to put a simple question. If they said that death penalty is a violence to what so called as right to life of Article 3 in Universal Declaration of Human Right, then what do you call that when a person being murdered by another person, and that murder is only sentence to imprisonment for five years, back then he's going back to his world of crime, murder, imprisonment, again and again ?

Ever heard the word of justice ?

Justice according to Ross, is the correct application of a law, as opposed to arbitrariness by making decision based on rule and law of evidence and trial, not by mere personal suspicion or opinion.

I would like to stress on the words 'the correct application of a law'. Yes, I agree that on a certain parts of a crime, the death penalty is not a right practice. I said, on a certain, Not all. That is why I stress on the words the correct application of a law. Because a murder deserved a death sentence. If you have already watched the video, here is my argument. Because of the system itself. First, listen carefully and you would hear the word jury.

"Who is jury ?"

A jury is a group of people, usually consists of 12 people who judge a court case. Members of jury are ordinary members of the public. Do they qualified and deserved to decide a case ?They are vulnerable in which their actions are easy to get affected by their feelings, not by their professional points of view based on laws and evidences.

I would like you to watch this video.

Stress on this part..
"...How misguided are you. I feed you with a couple of bullshit legal precedents and there you go. You jump on it (conclusion)..."

Imagine, even a judge could made a mistake, how about a jury ? I'm not put 100 percents blame on the jury, but on the system itself.

That is why they shouldn't put their arguments upon the death penalty. Because sometimes, even a smaller punishment, they might putting a false sentence. Then, you would say that we should abolished all the punishments to avoid any mistake ?

Next, this is Malaysia. An Islamic country. Treating a murders with a death sentence is something known as equality.

"O you who believe! Al-Qisas (the law of equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc) of the killed against blood money, then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your lord. So after this whoever transgress the limits (i.e kills the killer after taking the blood money), he shall have a painful torment."
(Al-Baqara, verse 178).

Before this I already post an entry on 30th of October 2010, which is correlated with this verse. An entry entitle the law of equality in punishment. In this entry also, I already states that Malaysia does not sign the convention of the Article 6 of the International Covenant on Civil and Political Rights which providing to the right to life, including repeal the death penalty.

"In the law of equality there is (saving of) life to you O ye man of understanding! that ye may restrain yourselves. " (Al-Baqara, verse 179)

The enforcement of the Qisas is to ensure that the lives of other people is awake due to the fact that if those who understand will know that when they killed, they will be killed or sentence to death and thus he will not commit a murder.

note: I don't think I have to explain that on what circumstances did the death penalty is put upon a murder. I mean, for instance if you are accidentally killed a person in order to protect yourself, you are not going to put into a death sentence.

To strengthened my argument, we must understand that 'treat like cases alike' and 'treat different cases differently' as proposed and stated in the Book entitled "The Concept of Law" written by H.L.A Hart.

Last but not least, I would like to summarize my arguments into 4 points.

1. The death penalty should be abolish on a certain classification of crimes and not the entire and all types of crimes, as due to its degree of seriousness, the concept of equality and justice.

2. Malaysia does not sign the the convention of the Article 6 of the International Covenant on Civil and Political Rights which providing to the right to life, including repeal the death penalty, and thus Malaysia does not have to abolish it.

3. Malaysia is an Islamic country, so Qisas should be apply and no doubt about it as it is the law transcended by Allah and we should abide by it.

4. A mistake shouldn't be put towards the practice of the death penalty, but it should be put on the system and the body of authority and human error who does not treat the cases carefully who does not put the death penalty onto the right place and the right crimes.

Thank you. Asslamualaikum.. (^_^)

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